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(영문) 대전지방법원 천안지원 2015.02.04 2014고합202

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person operating “D” which manufactures semiconductor equipment, etc. in Asan City from March 10, 2008 to June 2013.

On January 31, 2012, the Defendant: (a) concluded a lease agreement with the victim (the victim) capital and two machines of the machine learning center equivalent to KRW 140,00,000,000, monthly rent of KRW 3,673,850, which are owned by the victim; and (b) embezzled the property of the victim by selling the said two machines to the fire victim around August 2012, as stated in the attached list of crimes, until April 2013, by selling the machinery equivalent to KRW 631,00,000,000, in total, up to four times as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (informant documents), investigation reports, and reports on suspect's right to remain silent;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Discretionary Mitigation (hereinafter referred to as "amount of profit" under Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) / Whether it is ultimately the sum of the values of the goods or profits on property which are the object of illegal acquisition, which are listed in the criminal act or which has been acquired by a third party or which has been acquired by a third party, should ultimately be realized, and there is no impact on whether any condition or burden has been imposed (see, e.g., Supreme Court Decisions 9Do4305, Feb. 25, 200; 90Do1815, Oct. 16, 199). The reason for sentencing is that there is no influence on whether the defendant calculated the amount of profit from embezzlement, and there is no ground for sentencing.

1. The scope of applicable sentences under law: Imprisonment for a year and six months from February to February 15.